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T. AMARNATH GOUD
Divisional Manager, Shriram General Insurance Company Ltd. – Appellant
Versus
Taslima Khatun – Respondent
| Table of Content |
|---|
| 1. details of the accident and injuries sustained. (Para 3 , 4) |
| 2. challenge to the proof of income of the deceased. (Para 6 , 10) |
| 3. affirmation of the tribunal's award and basis of income. (Para 7 , 8 , 9) |
| 4. reasoning on determining the notional income. (Para 11 , 12 , 13) |
| 5. final decision to dismiss the appeal. (Para 14) |
JUDGMENT
T. Amarnath Goud, J. -Heard Mr. K De, learned counsel appearing for the appellant-insurance company.
2. This is an appeal filed under Section-173 of the MOTOR VEHICLES ACT , 1988 read with Section-168 of the Act ibid against the impugned judgment and award dated 29.07.2021 passed by the learned Motor Accident Claims Tribunal, Sepahijala District, Sonamura in case No. T.S. (MAC) 12 of 2019.
3. The facts, in brief, are that on 14.09.2018 at noon about 1700/1430 hours while the deceased Abdul Karim along with his wife Tashlima Khatun i.e. the respondent No. 1 herein, were proceeding towards their house from Sonamura by riding a motor bike bearing registration No. TR01-S-8505 with normal speed left side of Sonamura-Boxanagar road and his wife Taslima Khatun was carrying 16 weeks pregnant. When they reached at N.C. Nagar near the house of one Latif
In absence of definitive proof of income, a notional income can be reasonably fixed by the tribunal, which can be upheld unless deemed arbitrary.
The main legal point established in the judgment is the determination of notional monthly income of the deceased and the reasonableness of compensation, based on precedents and legal principles.
Compensation for death in an accident must consider the deceased's lifestyle and financial obligations, justifying income assessment based on expenditures.
The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.
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